The Quran in shia jurisprudence

The role of the Quran in Shiite jurisprudence. The history of the compilation of the Quran. The specifics of the interpretation of the Quran in Shiite legal doctrine. Shia view of the "correction" of the Quran. Various interpretations of the Quran.

Рубрика Государство и право
Вид статья
Язык английский
Дата добавления 26.07.2022
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Yaroslav Mudryi National Law University

Department of Private International Law and Comparative Law

Department of State and Law of Ukraine and Foreign Countries History

THE QURAN IN SHIA JURISPRUDENCE

D.V. Lukianov, H.P. Ponomarova,

A.S. Tahiiev

Kharkiv

Анотація

Дмитро Васильович Лук'янов Кафедра міжнародного приватного права та порівняльного правознавства Національний юридичний університет імені Ярослава Мудрого Харків, Україна Національна академія правових наук України Харків, Україна

Ганна Павлівна Пономарьова Кафедра історії держави і права України та зарубіжних країн Національний юридичний університет імені Ярослава Мудрого Харків, Україна

Акіф Сахавет огли Тагієв Кафедра міжнародного приватного права та порівняльного правознавства Національний юридичний університет імені Ярослава Мудрого Харків, Україна

КОРАН В ШИЇТСЬКІЙ ЮРИСПРУДЕНЦІЇ

Коран є фундаментальною основою ісламської релігії і права та містить одкровення Аллаха Пророку Мухаммеду, тому вважається Словом Божим. З юридичної точки зору Коран має найвищу юридичну силу і будь-які інші джерела ісламського права, що суперечать Корану, є недійсними. Ісламське право представлено сунітським та шиїтським напрямами, кожен з яких містить власні правові доктрини та мазхаби (правові школи). Автори вбачаютьо серйозний недолік у вітчизняних дослідженнях ісламського права через відсутність досліджень шиїтської правової доктрини. Мета даної праці полягає у розкритті значення і ролі Корану в шиїтській юриспруденції. Тому задля досягнення поставленої мети була розглянута історія складання Корану. Оскільки Коран є основним джерелом права для обох напрямів, в цій статті бул о досліджено специфіку тлумачення Корану в шиїтській правовій доктрині. У цій роботі, використовуючи порівняльно-правовий метод, автори змогли порівняти відмінності в тлумаченні Корану між сунітськими та шиїтськими екзегетами. В наш час ісламське право переважно реалізується через фетви муджтахидів. Для досягнення цього рівня одними з необхідним умов є знання арабської мови, знання тафсирів і тавіля, знання скасованих та скасовуючих аятів, історії ниспослання аятів. Саме ці аспекти і будуть розглянуті в статті з наведенням їх короткої характеристики. В роботі особливу увагу приділено джерелам тлумачення Корану відповідно до правил шиїтської екзегези. Встановлено, що шиїтські екзегети визнають 6 джерел тлумачення. Однак перекладачі сунітів використовують більш широке коло джерел, включаючи методи аналогії та переваг. Ці самі методи частково визнаються шиїтами і можуть бути частиною такого методу як причина. Оскільки шиїтські правознавці не дозволяють використовувати особисту думку при прийнятті юридичних рішень, очевидно, що використання методів, заснованих на особистій думці, буде заборонено при тлумаченні Корану. Саме тому в шиїтській юриспруденції так багато уваги приділяється раціональним методам.

Ключові слова: Коран, ісламське право, шиїтське право, тафсир, екзегеза.

Abstract

The Qur'an is the cornerstone of the Islamic religion and law and contains the revelation of Allah to the Prophet Muhammad; therefore, it is considered the Word of God. From a legal standpoint, the Qur'an has the highest legal force and any other sources of Islamic law that contradict the Qur'an are invalid. Islamic law is represented by Sunni and Shiite schools, each of which contains its individual legal doctrines and madhhabs (legal schools). The authors see a serious shortcoming in Ukrainian studies of Islamic law due to the lack of research on Shiite legal doctrine. The purpose of this study is to cover the meaning and role of the Qur'an in Shiite jurisprudence. Therefore, to achieve this purpose, the history of the compilation of the Qur'an was investigated. Since the Qur'an is the main source of law for both directions, this study examines the specifics of the interpretation of the Qur'an in Shiite legal doctrine. In this study, using a comparative legal method, the authors were compared the differences in the interpretation of the Qur'an between Sunni and Shiite exegetes. Nowadays, Islamic law is mainly realised through fatwas of mujtahids. To achieve this level, one of the necessary conditions is knowledge of the Arabic language, knowledge of tafsirs and Tawil, knowledge of the cancelled and abolishing ayats, the history of the sending down the ayats. These aspects will be considered in the study with a brief description. Particular attention was paid to the sources of interpretation of the Qur'an in accordance with the rules of Shiite exegesis. The study pays special attention to the sources of interpretation of the Qur'an in accordance with the rules of Shiite exegesis. It is established that Shiite exegetes recognise 6 sources of interpretation. However, Sunni translators use a wider range of sources, including methods of analogy and preference. These same methods are partially recognised by Shiites and may be part of such a method as a cause. Since Shiite jurists do not allow the use of personal opinion in legal decisions, it is clear that the use of methods based on personal opinion will be prohibited in the interpretation of the Qur'an. That is why so much attention is paid to rational methods in Shiite jurisprudence.

Keywords: Quran; Islamic law, Shia law; tafsir; exegesis.

INTRODUCTION

The Quran is the fundamental foundation of the Islamic religion and law and contains the revelation of Allah to the Prophet Muhammad, so it is considered the Word of God. Given the Quran's importance for Islamic law, it becomes clear why a large number of works are devoted to the subject of the Quran. In domestic science, H. Behruz, D. Lukianov, M. Lubska studied the legal features of the Quran, but they studied the Quran and its specifics from a Sunni point of view. Among foreign scholars of the Quran in Shiism, M. Momen, N. Calder can be noted [1]. But they viewed the exegesis of the Qur'an primarily in accordance with the achievements of non-Muslim scholarship. At the same time, the Shia exegetes of the Qur'an themselves identify the following six basic directions in this area: the foundations of interpretation, rules of interpretation, sources of interpretation, auxiliary sciences, the qualities of a commentator and the method of interpretation itself. The basics of interpretation include such problems as the inimitableness of the Quran and its various aspects, non-distortion of the Quran, the ability to penetrate into the plan of Allah, as well as the language of the Quran. The rules of interpretation include a set of principles that the commentator of the Qur'an must follow. The rules, in particular, include: establishing the meaning of a word in the era of the sending of the Quran, taking into account all meanings of the word, addressing various types of context, etc. Sources of interpretation provide us with such knowledge on certain issues related to the teachings of the Quran, which helps the commentator to better and more accurately understand certain Quranic verses - for example, legends and historical information. The auxiliary sciences mainly include philological sciences (etymology, lexicology, etc.). When analyzing the qualities of a commentator, the intellectual and moral abilities of the commentator are considered, as well as his qualifications and other factors that play a role in the process of interpreting the Quran. By the actual method of interpretation, we mean the presentation of the various stages through which the commentator goes to understand what Allah wanted to say [2]. In this paper, we have combined the achievements of non-Muslim and Muslim exegetes by examining the main aspects of the interpretation of the Quran.

From a legal point of view, the Quran has the highest legal force and any other sources of Islamic law that contradict the Quran are invalid. But the Quran is not a purely legal book, so its components, which contain legal norms and are called ayahs (verses) al-ahkam, will be considered by us in more detail.

Islamic law is represented by Sunni and Shia directions, each of which contains its own legal doctrines and madhhabs (legal schools). We see a serious shortcoming in domestic studies of Islamic law due to the lack of research on Shia legal doctrine. Since the Quran is the main source of law for both directions, the aim of this article is to examine the specifics of the interpretation of the Quran in Shia legal doctrine.

MATERIALS AND METHODS

There are almost no works in domestic legal science devoted directly to the Shia jurisprudence. Therefore, the works of foreign authors such a Mohammad Kazem Shaker, Ali Akbar Babai, Ali Akbar Velayati, Sayyid Muhammad Bakir Khujati and others were used in writing the paper.

During the research, we used the following methods:

1. Historical - the works of Shia scholars from different times were processed, which could contain valuable information about the Shiite specifics of the interpretation of the Quran. The verses of the Quran were revealed in connection with certain events in the life of the Prophet and historical events, therefore, the biographical method was also used. The second method was used when studying historical facts from the life of the Prophet, imams, companions and their characteristics. The historical method was used in accordance with the criteria given by Dubber, namely a critical analysis of the events in question [3];

1. Axiological - the value of the Quran was determined, its significance for the development of Shia jurisprudence and Islamic jurisprudence in general. It is through the use of this approach that the opportunity arises to emphasize the ability of the Quran to serve as the basis for the formation of Islamic law. The value of the Quran is unique since the fact of recognition of the Quran is mandatory for all Muslim directions. In both Sunnism and Shiism, the Quran is the main value that the Prophet left behind to humanity;

2. Hermeneutic - the specifics of the interpretation of the main primary source of Islamic law were investigated. In general, the study of Islamic law, and even more so the specifics of the interpretation of the Scriptures, is impossible without the hermeneutic method. When applying the hermeneutic approach, it is possible with the help of metaphors to discover and reveal the true meaning of many provisions of the Quran. Indeed, according to Islamic theology, everything that takes place in Islam as a religion, civilization and law originates precisely in the Quran. In the Quran, as in other sacred scriptures, the basic principles and patterns of everything related to nature, society and man are laid down. Naturally, to understand the true meaning of this capacious, fundamental, theological phenomenon, it is necessary to use all the achievements that modern hermeneutics has at its disposal. Only this approach allows us to understand the true meaning of words, terms, metaphors, through which the basic tenets of Islam are transmitted, including its legal component [4]. It is possible in all cases to refer to all the prescriptions of the Quran and Sunnah, but they become law only when they receive a legal interpretation;

3. Comparative legal - we consider it necessary to draw attention to the importance of research on Islamic law. The methods of comparative jurisprudence should be used not only in the study of various legal systems but also in the analysis of the structural elements of Islamic law as a systemic and complex phenomenon. That is, a significant part of researchers, analysing Islamic law, does it incorrectly, considering Islamic law as a whole. Thus, most researchers mainly analyse the features of only Sunni Islamic law, extending their conclusions to all Islamic law. That is why there are no studies on Shiite Islamic law in the domestic legal doctrine. In this paper, using the comparative legal method, we were able to compare the differences in the interpretation of the Quran between Sunni and Shiite exegetes. General trends were found in the development of Shiite jurisprudence and interpretation of the Quran in the main areas of Islamic law.

RESULTS AND DISCUSSION

2.1 Shia view of the “correction ” of the Quran

In scientific and religious circles, there was a misconception that the Shiites did not recognize the Quran in its modern form [5]. The Shiites recognize the Quran, although, in fact, there were several Shia scholars who believed that the Quran contained the name Ali and these verses were removed, but most reputable Shiite scholars reject this position.

Thus, the famous modern Shia scholar the Grand Ayatollah Makarem Shirazi quotes the words of some leading Shia theologians: “Sheikh Saduk, an outstanding scholar of the 4th century AH (X century) wrote in the fact that the Quran which was sent to the Prophet of Islam (may Allah bless him and his family) is the same Quran that is in our hands today and consists of 114 surahs, without abbreviations or distortions...”. Muhammad ibn Hussein, better known as Bahauddin Amili, said: “The truth is that the Holy Quran is protected from any kind of distortion. And the statement of people who say that the name Ali (peace be with him) was present in the Quran, but then was removed from him, for Shiite scholars-faqihs is unacceptable. Everyone who cites hadith knows perfectly well that the Quran cannot be changed” [6]. At the same time, it cannot be denied that there are hadiths about that the imams from Ahl-Beit had some “other” Quran.

Therefore, we consider it necessary to consider this aspect of this issue in more detail. Consider the history of the compilation of the Quran. When the Prophet received revelations, he communicated it to his closest companions, who taught them by heart. The Messenger of Allah had many scribes who wrote down revelations for him and also read and wrote various correspondence. The most famous of them were Ali ibn Abu Talib, `Uthman ibn Affan, Zayd bin Thabit and others [7]. It existed only orally, in the memory of a large number of Companions. During the time of Abu Bakr, many Companions who knew the Quran by heart died in the battle of Yamama, and Umar advised Abu Bakr to write the Quran. To carry out this responsible assignment, Abu Bakr chose the scribe of the Messenger of Allah, one of those who collected the Quran during the life of the Prophet - Zaid ibn Thabit al-Ansari [8]. Abu Bakr also gathered the hafizs (who has completely memorized the Quran), known for their precision and thoroughness. The best of them were Zaid, Abu ibn Kab, `Uthman, Ali, Abdallah ibn Abbas, Abdallah ibn Umar, Abdallah ibn al-Zubair, Abdallah ibn Ma'sud, Abdallah ibn Saib, Khalid ibn al-Waleed, and other. All of them knew him by heart, and before starting to rewrite the entire Quran, they more than once consulted their memory to make sure that they remember it word for word [9]. After the Prophet and his close companions, the most knowledgeable in the Quran was Ali ibn Abu Talib - this fact is recognized by all researchers. However, none of his works on exegesis have survived to this day, with the exception of certain passages in the sermons and letters of the imam, collected in Nahj al- Balagha (“The Way of Eloquence”). After Ali ibn Abu Talib, according to the general belief, none of the companions knew the Quran better than Ibn Abbas. He was called Tarjuma al-Quran (“Interpreter of the Quran”) and Khibru al-umma (“The Eternal of Community”). He himself admitted that a lot in understanding and commenting on the Quran, he borrowed from his mentor - Ali ibn Abu Talib [9].

During the time of the third caliph `Uthman, when the readers dispersed to different areas of the Islamic State, disagreements arose between them regarding the reading of the Quran. Although the Quran was compiled, some verses were pronounced differently due to differences in dialects (of the Arabic language). Hudhayfah ibn al-Yaman drew `Uthman's attention to this and said that such disagreements could lead to schism and wickedness. To avoid misunderstanding, `Uthman decided that in all areas Muslims should read the Quran in only one dialect, the very one in which He was sent to the Prophet - the dialect of the Quraysh tribe. By the order of `Uthman, six of the most authoritative reciters, among whom was Zaid ibn Thabit again, copied the entire Quran from the book that had been previously compiled during the time of Abu Bakr and Umar, adapting it to reading only in the Quraysh dialect [8]. The Companions made several copies of such a Quran, after which they sent them to all corners of the Islamic State. It is this Quran that exists now, and in accordance with the Muslim doctrine, no changes were made to Him during this entire period. Shiites recognize this Quran because Ali was personally present when it was compiled. At the same time, even during the time of the Prophet's life, Divine revelation was recorded on tablets, paper, ram's shoulder blades or leather. The Messenger of Allah bequeathed to Ali that after he completes the ablution and all types of funeral rites of the Messenger, immediately begin collecting the Quran in one book (Mushaf - a scroll). In fact, all the revelations were systematized, and in this case, there was such a form of systematization as “consolidation”. In accordance with the domestic legal doctrine, during consolidation, several normative acts that are similar in content are combined into a single consolidated normative legal act.

The collection of the Quran by Imam Ali took place as follows: The Imam made holes in the tablets and skin on which the Quran was written, then tied them with a dense thread. The Imam began to collect the Quran in one book on Wednesday morning (because all the funeral rites of the Messenger of Allah were completed on Tuesday night) and ends on Friday morning. Then Imam Ali, with the help of his servant Kanbar, brought the Quran to the mosque of the Messenger of Allah. In this Quran, in addition to the Quran itself, there was also an interpretation called “Wahi Bayyan” - “clarifying the revelations”, starting from the period of the message of the ayahs and ending with the last one (that is, the interpretation of the verses was not in the order in which the Quran was concluded). In Tafsir Shahristani it is said that the representatives of the first caliph did not allow Ali to enter the mosque with this Quran, which is why Ali said that they had no right to get acquainted with this Quran (and its true interpretation, respectively). According to the Shia doctrine, they are with Imam Mahdi and this is the Quran, which is mentioned in the Shia hadiths [10]. Therefore, the “other” Quran, which was mentioned in Shia collections, is not a new Quran, as some researchers assert, but the Quran with “Wahi Bayyan” - the Sunnah of the Prophet, which correctly interprets the verses of the Quran.

The Quran is divided into 114 surahs. It is also divided into 30 Juz's, each of which consists of 2 Hizbs. The first is surah Al-Fatiha, the second is the largest surah Al-Bakara (286 verses), then the surahs in the Quran are arranged approximately in decreasing order of the number of verses. Seyid Muhammad Bakir Khujati wrote that according to the unanimous opinion of all Muslims, the order and arrangement of the verses in the surahs of the Quran were carried out in the direction of the Prophet himself. Every time Revelation came, he called one of the scribes and ordered him to place this or that ayah or ayah in such and such a place in such and such a surah. Khujati also noted that the existing sequence of verses and surahs in the Quran did not depend on the time of their ascent. However, this sequence in all surahs must be adhered to invariably. In support of his words, he cites many hadiths and here is one of them. Uthman ibn Abulyas said: “We were near the Prophet and suddenly noticed that he slowly lifted his eyes upward”, focused his gaze on one point and said: “Now Jibril visited me”, who brought the following verse: “Indeed, Allah commands to observe justice”, to do kindness and bestowing gifts on relatives. “He orders to place the verse in this place of the surah” [11]. quran shiite jurisprudence legal

2.2 Analysis of various interpretations of the Quran

The process of formulating various prescriptions of the Quran shows that revelations came in the event of various social, moral or religious necessities, or when one of the Companions consulted with the Prophet Muhammad on various issues that had a great influence on the life of Muslims [12]. That is why the exegetes of the Quran point out that the verses of the Quran should be interpreted only in the context of the events about which they were sent. So, there is a big difference in the interpretation of some verses by Sunnis and Shiites on this criterion. N. Zeynalov in his work “40 stories of the Holy Quran” collected 40 ayahs, according to Shia theologians, related to Ahl-Beit (sinless members of the Prophet's family) and their followers. Consider one of these stories. It concerns the message of verse 55 of surah 5: “Indeed, your patron is only Allah, as well as His Messenger and the believers who stand prayer, and with bowing [during prayer] bring zakat (that is, give alms)”. In connection with the circumstances of the message of this verse, they say that once a beggar came to the Prophet's mosque and began to beg. But no one served him.

Then Ali, performing at this time a bow to the waist, marked the beggar with his finger and gave him his ring. In honor of this alms, this ayah was sent and this story was described by ten companions, among them Ibn Abbas, Ammar, Abu Zarr, Bilal and others [13]. The Sunnis do not recognize this story as reliable and bring their own. Also, the interpretation of this ayah has a peculiarity that the Sunnis understand the meaning of the ayah differently, and its translation into English reads as follows: “Your ally is none but Allah and [therefore] His Messenger and those who have believed - those who establish prayer and give zakah, and they bow [in worship]” [14]. Therefore, in this aspect, one should pay attention to the fact that in order to correctly understand the Quran and make decisions based on it, Muslim Fakih must have a high level of command of Arabic. That is, only the Arabic version of the Quran is authentic; translations into other languages are relative and cannot convey the exact meaning of the verses of the Holy Quran, since each exegete can use his own methods. For example, there is a translation of the Quran into Ukrainian “Quran. Translation of meanings in Ukrainian”, compiled by Mikhail Yakubovich [15].

The Quran was the Word of God, which means that only God could provide its interpretation since it is, He who is the “author” of this Book. The first interpreter of the Quran was the Prophet Muhammad. Shia theologians agree that God revealed to Muhammad and the Quran, and its interpretation, and appointed him the teacher of the Book (that is, that the Prophet should teach the people of the Quran), while the Prophet, in turn, appointed his descendants to continue this work after him. Numerous hadiths and historical works describe the knowledge of the imams. The Prophet and the imams are distinguished by the inheritance of divine knowledge, and only they know the full meaning of the Quran since it was addressed primarily to them, and through them to all of humanity. In addition, they possess all the scriptures of the previous prophets and knew Tafsir and Tawil (that is, the obvious and hidden meaning), despite the number of languages in which they are written. As such, the imams have a unique relationship to the Quran, giving the Shia Tafsir its unique character. It is also believed that the Quran, which Ali wrote down under the dictation of Muhammad with his real exegesis, was passed from one imam to the next and is now with a hidden imam who will reveal it and judge by him when he returns as the expected Mahdi (this is the Mushaf Ali, which we mentioned above) [16]. Thus, we see that the Shiites saw proper competent interpreters in the faces of their imams, but the possibility of direct contact with them also ceased over time. Therefore, the authority to interpret Scripture fell on the shoulders of ordinary people-interpreters, who were not protected from sins, unlike the Prophet and the imams. The need to interpret the Quran led to the creation of a number of sciences or the involvement of existing ones, among which the main one is the science of Quranology, which studies the peculiarities of the internal composition of the Quran text, its content, linguistic and stylistic properties, as well as the history of the preparation of the Quranic text, its codification and interpretation. The key object of the study of this science is Tafsir - commentaries on the Quran, which in fact are interpretations of the Holy Scriptures.

When researching tafsir, one should pay attention to the concept of Tawil. Tafsir is concerned with the interpretation of the explicit meaning of the Quran, while the Tawil is mainly devoted to the study of the hidden meaning of the Quran and is regarded as its esoteric interpretation. Tawil is not widely used by Sunni scholars, but Shia (especially Ismaili) and Sufi exegetes have paid particular attention to esoteric interpretation. In verse 7 of surah 3 of the Quran, Tawil is presented as a literary interpretation, and Tawil of the Quran is esoteric knowledge that belongs to Allah and those who accept the wisdom of God and have solid knowledge. This type of Tawil is a method of interpretation that returns to zahir (visible meaning) of ayah his batin (hidden meaning) [17]. According to classical Ismaili opinion, the Language of God is eternal and the Quran in Arabic is a God-inspired work of the Prophet Muhammad, “the word of the Messenger of God,” and it expresses the Language of God in human language. The exoteric or literal form of the Quran in the form of Arabic words was created in time and space by the Prophet Muhammad, while its spiritual essence emerges from the eternal Word of God into the soul of the Prophet. The Quran in Arabic is viewed by the Ismailis as a God-inspired discourse of signs (ayahs), symbols, parables and metaphors that represent and indicate the transcendent and immanent “Principle of Revelation” consisting of the spiritual world of the Universal Mind and the Universal Soul, a hierarchy of religious teachings on Earth, led by the Ismaili Imam and the physical Cosmos or natural world. From this point of view, the purpose of the Quran is to help believers in recognizing God through the recognition of spiritual, religious and natural hierarchies. The role of the God-backed imams and their representative teachers is to perform Tawil - to “decipher” the Quranic symbols, revealing the cosmic, religious and spiritual realities that they symbolize. The Ismaili Tawil thus emerges as a hermeneutic discourse that makes the Quranic symbols “transparent” in relation to their inner meaning, so that the reader can recognize the symbolization of reality with the help of these symbols [18-20]. When interpreting the Quran, it is impossible not to use the achievements of hermeneutic science, since the latter primarily arose for the interpretation of the scriptures of the Christian religion. But the first exegetes of the Quran did not have access to the achievements of that science, so they had to use their own methods. To get a more complete picture of the course of the interpretation process in the form as it was presented by Muslim jurists, let us consider it using the example proposed by B. Weiss, where he considers part of ayah 38 of surah 5: “As for the thief, both male and female, cut off their hands”. He wrote that usually jurists understand this prescription as the duty of the head of the Muslim state or his legal representative to punish the thief by cutting off the hand, but in fact, all parts of this prescription raise questions from the exeget.

Weiss considered each of the words of this verse, we will consider the meanings of “yad” - the standard translation of the Arabic word for “hand” (“hands”). The word “yad” had three possible meanings that had to be taken into account: it was believed that this word could mean that part of the upper limb that reaches the wrist (if you go from the fingers up), or that that reached the elbow, or the entire limb, up to the shoulder. In other words, this word could mean both the hand, and the forearm, and the whole arm. This means that the forearm and hand also include a hand. It should be considered that jurists, based on the presence of these three meanings, offered any other lexicographic information to confirm this position. Regardless of the availability of this information, the mujtahid was faced with the question of considering all the meanings properly and, therefore, to consider “yad” as a polysemous word, or to consider a word “yad” as an unambiguous word. In his attempts to choose the course he should follow, the mujtahid had to be guided by his “sense of language”, which was usually based on familiarity with the “high” literary tradition. What happened when a person who is well acquainted with the language and, therefore, is its bearer heard the word “yad”? Did all three meanings appear in his consciousness at the same time as equally possible, or is there only one of them in his consciousness, and the rest remained in the sphere of his consciousness only after some thought? Weiss believes that the answers to this question in different mujtahids will inevitably differ, and they will all have a serious impact on the interpretation process [21; 22]. It is impossible to disagree with this position, since, as it is known, in accordance with the position of the Sunni lawyers, the punishment for theft is the severing of the right hand, and according to the Shia - of four fingers of the right hand.

The ayah, which was analyzed by B. Weiss, belongs to the legally significant ayahs - the ayahs al-ahkam. They are legally significant from the point of view of Islamic law, and not from the “secular” understanding of law. In legal science, a large number of studies have been conducted on the issues of correlation law, religion (religious norms) and morality. In this aspect, we would like to draw attention to the Shia (and generally Islamic) view of the use of these categories. In this point, Muhammad Taki Misbah Yazdi writes that such a distinction cannot be considered acceptable in any religion, and from an Islamic point of view, religion is a system of theoretical knowledge and practical laws, and its practical laws cover all three areas: human attitude to God, attitude a person to himself and a person to others [23]. Obviously, from the point of view of modern legal science, the issue of rituals or ritual purity is not the subject of jurisprudence, but they are the subject of fiqh, that is, Islamic law. Therefore, when we say that the verses of al-ahkam contain legally significant norms, we mean those norms that are significant specifically for Islamic law.

H. Behruz provides a list of legal institutions (from a non-Muslim point of view), regulated by the Quran. He writes that the following verses of the Quran have legal norms: on marriage, polygamy, dowry, alimony, the rights and obligations of spouses, divorce and various methods of divorce, the period of abstinence after divorce, raising a child, contracts, loans, pledges, compensation for harm, oath, punishment for crimes, will, inheritance, legal proceedings and so on. Abdali-Wahhab ibn Khallaf classified al- ahkam verses according to the criterion of the subject of regulation and received the following indicators: 70 verses on family law, 70 verses on civil law, 30 verses on criminal law, 13 verses on jurisprudence and procedure, 10 verses on state law, 25 verses on international law, 20 verses on the economic and financial structure and 50 verses on the sources of legal provisions in general [24]. Sunni scholars believe that half or a third of the Quran is al-Ahkam verses, while according to Shia scholars, their amount is about five hundred. Some of them are repeated, have a similar meaning, or are canceled, so their number in different authors is not the same.

Knowledge of the abrogated verses is very important and is necessary for a Shia jurist to attain the level of a mujtahid. It is known that the verses of the Quran were sent to the Prophet in connection with certain circumstances, so there are cases when due to new circumstances, there was a need to adapt to such changes, or for certain reasons Allah decided to change His own command, in connection with what, the Prophet received a verse that canceled the previous one. But despite its abolition, the verse remained an integral part of the Quran. Consider the example of verse 12 of Surah 58. Its text is as follows: “O you who have believed! If you are secretly talking to the Messenger, give alms before your secret conversation (to those who need it). So, it will be better for you and cleaner. But if you do not find anything, then Allah is Forgiving, Merciful”. This verse was sent when a group of wealthy Muslims visited the Prophet to consult with him privately, not allowing the poor to do the same, and it offended the poor. Moreover, the Prophet was saddened by their pomp and that he sat there for too long. Thus, was sent this verse, which commanded the rich to pay alms to the poor before their private conversation with the Prophet. Many scholars point out that almost no one followed this rule, and most sources indicate that no one, except Ali himself, gave alms before meeting with the Prophet. Because people did not follow this, their disobedience was considered a sin, and to prevent this, Allah sent a verse in which he indicated that he forgave for this disobedience and that Muslims should focus on worship. This was the 13th verse of the same surah: “Were you afraid to give alms before your secret conversation? If you have not done so and Allah has accepted your repentance, then pray, pay zakat and obey Allah and His Messenger. Allah knows what you do” [25]. Thus, we have 2 verses, one of which was abolished by a newer (later) verse, but both of them are contained in the text of the Quran.

In terms of the peculiarities of the interpretation of the Quran, we consider it appropriate to consider the sources of interpretation of the Quran. Shia exegetes identified the following 6 sources of interpretation of the Quran as appropriate:

1. Quran. This follows from the statement that the Quran interprets itself. Almost all tafsirs referred to this source when one verse of the Quran was interpreted with the help of another verse.

2. Sunnah. In general, the Sunnah of the Prophet and the Imams consists of hadiths, and those hadiths that are used in the interpretation of the Holy Scriptures are called exegetical. These hadiths go back to the following personalities: Imam Sadiq (47%), Prophet (13.5%), Imam Baqir (13%), Imam Ali (7.4%), Imam Reza (3.2%), Imam Kazim (2.4%), Imam Husayn (1.1%), Imam Sajjad (1%), Ibn Abbas (1%), other imams, associates and followers (5.9%), unknown persons (4.5%) [26]. Exegetical hadiths are of the following types:

- hadiths that explain the meaning of individual words and connotations (total or total meaning of the word, both descriptive and emotional). For example, a hadith about various connotations of the word as-suht (“forbidden”): Imam Jafar al-Sadiq said: “The Commander of the faithful said: “The word as-sukht includes money for a killed animal, as well as a dog, and money given prostitutes and a bribe to a judge, and a reward for a soothsayer (sorcerer)” [27];

- hadiths that explain the meaning of the verses - these hadiths contribute to a better understanding of the verse. For example, one of the hadiths says that one of Imam Reza's companions asked about the meaning of the verse: “On that day they will be separated from their Lord by a veil” (83:15). The Imam said: “Indeed, Allah is great and holy, cannot be described by the place where He would be, so that He could be separated by a veil from His slaves. But He means that they will be separated by a veil from the reward from their Lord” [28];

- hadiths that reveal the hidden meaning of the verses - some verses of the Quran have an obvious meaning that can be grasped (external) and hidden (internal), the knowledge of which is known only to God and His elect. For example, the hadith: “It is narrated from the words of Daud ibn Jassas: “I heard Imam Jafar al-Sadiq (peace be upon him!) said: “[In the verse] “And landmarks. And by the stars they are [also] guided” the star is the Messenger of Allah (may Allah bless him and his family!), And marks are imams (peace be upon them!)” [27].

1. Lexicographic sources - these are the sources that help to better understand the meaning and scope of a word in the era of revelation [2]. The Quran and hadiths are considered to be because they help to establish the meaning of words (so they are sources of interpretation of the Quran in various aspects). Also, lexicographical sources of the Quran are monuments of the Arabic language of the era of the revelation of the Quran, utterances of the companions of the Prophet, dictionaries of the Arabic language and dictionaries of the Quranic vocabulary.

2. Historical sources are very important in the interpretation of the Quran, because the Quran itself describes historical events, such as the stories of previous prophets and certain aspects of the biography of the Prophet. It should also be borne in mind that the revelation of each verse was due to certain historical events (the battles of Badr, Uhud) or events that would affect the private life of the Prophet (his relationship with others or with members of his family).

3. Reason (meaning acl - intellect). In interpreting the Quran, the mind performs 4 functions:

- denial, critical - the evidence of reason does not accept the direct meaning of the verses of the Quran. For example, in the interpretation of the Quranic words “the Hand of Allah” denies the existence of God's hand, because God does not have the body and other characteristics of createds;

- confirmation - evidence of reason confirms or reinforces the meaning of the verse;

- analytical - the mind complements other sources, facilitating their application;

- logical - the mind reveals the logically necessary content of the verses [2]. The implementation of this function allows us to consider the Quran in perspective, adapting it to modern living conditions.

4. Data of practical experience - this includes the achievements of science, the specifics of natural phenomena, then or modern social conditions and others [2].

The source of interpretation of the Quran is also one of the criteria for classifying tafsirs.

CONCLUSIONS

The main aspects of Quranic studies in Shia doctrine were considered in this paper. Summarizing all the above, we present these main aspects. Shia theologians acknowledge the Quran in the form in which it has survived to the present day. The main difference is in the different interpretation of the Quran. The article discussed why Shia exegetes prefer to interpret the Quran not in the order of the verses, but in the order of their revelation. We also determined that from the point of view of non-religious law, the Quran is the result of the “consolidation” of revelations. Nowadays, Islamic law is mainly realized through fatwas of mujtahids. To achieve this level, one of the necessary conditions is knowledge of Arabic (the language of the revelation of the Quran), knowledge of tafsirs and Tawil, knowledge of the abolished and abolishing verses, the history of the revelation of the verses. These aspects were considered in the article, their brief description was given. Special attention was also paid to the sources of interpretation of the Quran in accordance with the rules of Shia exegesis. As you can see, Shiite exegetes recognize 6 sources of interpretation. In fact, Sunni interpreters use a wider range of sources, including methods of analogy and preference. Although these same methods can be partially recognized by the Shiites and be a part of such a method as reason. Since Shia jurists do not allow the use of personal opinion in making legal decisions, it is clear that the use of methods based on personal opinion will be prohibited in the interpretation of the Quran.

That is why so much attention is paid to rational methods in Shia jurisprudence. Thus, in this work, we examined the main features of the interpretation of the Quran in Shiite jurisprudence. Although this topic can be considered in more detail within the framework of a more voluminous study, including a detailed analysis of the methodology of the Shiite interpretation of the Quran using the example of specific surahs and verses.

REFERENCES

1. Calder, N. (1980). The structure of authority in Imam! Shi'i jurisprudence. (Candidate thesis, University of London, London, United Kingdom).

2. Babai, A.A., Azizi Kiya, G.A., & Rouhani Rad, M. (2016). Methodology for the interpretation of the Quran. Moscow: Publishing House “Sadra”.

3. Dubber, M.D. (2015). New historical jurisprudence: legal history as critical analysis of law. Critical Analysis of Law, 2(1), 1-18. Retrieved from https://cal.library.utoronto.ca/index.php/cal/article/view/22512/18320

4. Behruz, H. (2006). Evolution of Islamic law: theoretical and comparative research. (Doctoral thesis, Odessa National Law Academy, Odessa, Ukraine).

5. Shevchenko, A.I., & Ismagilov, S.V. (2010). Akida in Sunnite's and Shiite's traditions: theological differences. Science. Religion. Society, 4, 154-159.

6. Shirazi, M. (2011). Cognition of Shiism; translated by Ayrat Baeshev. Mecca: Publishing House “Imam Ali ibn Abi Talib (peace be with him)”.

7. Bigiev, M. (2016). History of the Quran and its vaults; translated from Arabic. Moscow: Publishing House “Medina”.

8. Pargoo, M. (2018). Expansion and contraction of scripture: The ritual (im)purity of unbelievers according to Shi'a jurisprudence. Islam and Christian-Muslim Relations, 29(2), 215-239.

9. Khurramshahi, Baha ad-Din (2016). Quranology (essays on the Quran and its role in the formation of culture). Moscow: Publishing House “Sadra”.

10. Rodziewicz, M. (2017). The end of traditional islamic jurisprudence in hermeneutics of mohammad mojtahed shabestari 1. Journal of Shi'a Islamic Studies, 10(2), 207-230.

11. Bakir Khujati, S.M. (2007). Research on the history of the Quran. Tehran: Publishing House “Al-Hoda”.

12. Velayati, A.A. (2011). Islamic culture and civilization Moscow: Islamic Culture Research Foundation.

13. Goudarzi, M. R., & Najafinejad, A. (2018). Contemporary traditionalists and reformists iranian jurists and the subject of human rights. Muslim World Journal of Human Rights, 15(1), 29-58.

14. Quran. Retrieved from https://quran.com/5/55

15. Vivchar, S. (2018, April). Ukrainian translations of the Quran. Retrieved from https://islam.in.ua/ua/islamoznavstvo/ukrayinski-pereklady-Quranu

16. Toussi, A., & Vasram, N. (2008). Shi'ite commentators (mufassirin) and their commentaries (tafsirs). Mahdi in the Qur'an according to Shi'ite Qur'an Commentators Author. Qom, Islamic Republic of Iran: Ansariyan Publications. Retrieved from https://www.al-islam.org/mahdi-quran-according-shiite-quran- commentators-toussi-n-vasram

17. Mirza, N. (2019). Ta'wil: in practices of light performance. Philosophy, 4(2), 564575.

18. Andani, K. (2019, March). Shi'i Ismaili Ta'wil (Spiritual Interpretation) of the Quran. Retrieved from https://www.academia.edu/26605457/Shi_i_Ismaili_Ta_wil_Spiritual_Interpretatio n_of_the_Qur_an_The_Cycles_of_Prophecy_and_Imamat

19. Khalfaoui, M. (2020). Current muslim understandings of classical family law in a modern secular context. Journal of Muslim Minority Affairs, 40(1), 117-127.

20. Rizayeva, D., & Manna, A. (2019). Circumstances excluding criminal liability under the criminal law of the muslim countries. Paper presented at the E3S Web of Conferences, 135, Article number 04071

21. Bernard, G. Weiss (2006). The spirit of islamic law. Athens: University of Georgia Press.

22. Kooli, C. (2019). Review of assisted reproduction techniques, laws, and regulations in muslim countries. Middle East Fertility Society Journal, 24(1), Article number 8.

23. Misbah Yazdi, M.T. (2009). An outline of law from a Quranic perspective. Message of Thaqalayn, 10(1), 14.

24. Behruz, H. (2009). Hermeneutics in the study of the Quran as a fundamental source of Islamic law. Actual Problems of State and Law, 50, 263-270.

25. Al-Najwa Verse. Retrieved from http://en.wikishia.net/view/Al-Najwa_Verse

26. Shaker, M.K. (2009). Methodology of Quran interpretation in exegetical hadiths of Shi'ah. The International Journal of Humanities, 16(1), 143-166.

27. Al Majlisi, Sheikh Muhammad Baqir. Bihar Al-Anwaar - The summary of the pearls of the Ahadeeth of the Pure Imamsasws. Retrieved from https://www.hubeali.com/online-books/online-english-books/bihar-al-anwaar/

28. Sheikh Saduk. Tawhid. Monotheism; translated by Amin Ramin. Retrieved from https://shia.world/wp-content/uploads/2016/05/edinobozhie-at-tauhid-shejha- saduka.pdf

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